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PIEDMONT &c. MILLS, INC. v. H. W. IVEY &c. CO.

40619.

109 Ga. App. 876 (1964)

137 S.E.2d 528

PIEDMONT COTTON MILLS, INC. et al. v. H. W. IVEY CONSTRUCTION COMPANY, INC.

Court of Appeals of Georgia.

Decided June 23, 1964.

Attorney(s) appearing for the Case

Wotton, Long, Jones & Read, Grigsby H. Wotton, for plaintiffs in error.

Richardson & Chenggis, George B. Chenggis, contra.

BELL, Presiding Judge.

1. The theory upon which the plaintiffs in error found this appeal as portrayed in their brief is that the suit against them is one for trespass to real estate neither owned nor possessed by the plaintiff and consequently the injury to the realty is a cause upon which the petitioner cannot sue. If the suit was in fact one for trespass under those circumstances, there would be, of course, nothing incorrect about their theory as a matter of abstract...

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